Township of Ewing, NJ
Mercer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Ewing 11-24-1998 by Ord. No. 98-13 as Ch. 18 of the 1998 Code; amended in its entirety 2-8-2000 by Ord. No. 00-01. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Department of Economic Development — See Ch. 4, Art. XI.
Land development — See Ch. 215.
A. 
It is hereby declared that there exists in the Township an area commonly known as the "Olden Avenue Redevelopment Area;" that the area is an area determined to be in need of redevelopment as defined by N.J.S.A. 40A:12A-6; and that the development, planning, construction and redevelopment of the area will promote the public health, safety, morals and welfare, stimulate proper growth of the area, preserve existing values and maintain taxable values of properties within or contiguous to the area, and further encourage the sound growth of the community.
B. 
It is hereby declared to be the policy of the Township to promote the health, safety, morals and welfare of the citizens of the Township by the creation of the Ewing Redevelopment Agency for the purposes of implementing redevelopment plans for, and carrying out of the redevelopment of, the areas commonly known as the "Olden Avenue Redevelopment Area," the "Parkway Avenue Redevelopment Area," and any other areas designated by the Township as areas in need of redevelopment or rehabilitation and of holding, redeveloping, rehabilitating or disposing of the land in such areas in a manner that will encourage economical and socially sound development by private or public enterprise, or by a combination of both.
[Amended 1-29-2013 by Ord. No. 13-01[1]]
[1]
Editor's Note: Section 1 of this ordinance provided that the "aforementioned recitals are incorporated herein as though fully set forth at length herein." A complete copy of this ordinance with said whereas clauses is on file in the Township offices.
[Amended 1-29-2013 by Ord. No. 13-01]
There shall be the Ewing Redevelopment Agency, which shall be designated as the redevelopment entity pursuant to and shall have such powers as are provided by N.J.S.A. 40A:12A-1 et seq. and by other ordinances of the Township pertaining to the implementation of redevelopment plans for, and the carrying out of the redevelopment of, the areas of the Township commonly known as the "Olden Avenue Redevelopment Area," the "Parkway Avenue Redevelopment Area," and any other area designated by the Township as an area in need of redevelopment or rehabilitation, unless and until the Mayor and Council, by ordinance, provide otherwise.
A. 
The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
AGENCY
The Ewing Redevelopment Agency.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and of any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
GOVERNING BODY
The Council of the Township.[1]
REAL PROPERTY
All lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise, and indebtedness secured by such liens.
REDEVELOPER
Any person, firm, corporation or public body that shall enter into or propose to enter into a contract with the Township or Agency for the redevelopment or rehabilitation of an area in need of redevelopment, or any part thereof, under the provisions of this act, or for any construction or other work forming part of a redevelopment or rehabilitation project.
REDEVELOPMENT
The clearance, replanning, development and redevelopment; the conservation and rehabilitation of any structure or improvement; the construction and provision for construction of residential, commercial, industrial, public or other structures and the grant or dedication of spaces as may be appropriate or necessary in the interest of the general welfare for streets, parks, playgrounds or other public purposes, including recreational and other facilities incidental or appurtenant thereto, in accordance with a redevelopment plan.
REDEVELOPMENT AREA or AREA IN NEED OF REDEVELOPMENT
An area determined to be in need of redevelopment pursuant to N.J.S.A. 40A:12A-5 and 40A:12A-6. A redevelopment area may include lands, buildings or improvements which of themselves are not detrimental to the public health, safety or welfare, but the inclusion of which is found necessary, with or without change in their condition, for the effective redevelopment of the area of which they are a part.
REDEVELOPMENT PLAN
A plan for the redevelopment or rehabilitation of all or any part of a redevelopment area or an area in need of rehabilitation, which plan shall be sufficiently complete to indicate its relationship to definite municipal objectives as to appropriate land uses, public transportation and utilities, recreational and municipal facilities, and other public improvements; and to indicate proposed land uses and building requirements in the redevelopment area or area in need of rehabilitation, or both.
REDEVELOPMENT PROJECT
Any work or undertaking pursuant to a redevelopment plan; such undertakings may include any buildings, land including demolition, clearance or removal of buildings from land, equipment, facilities or other real or personal properties which are necessary, convenient or desirable appurtenances, such as but not limited to streets, sewers, utilities, parks, site preparation, landscaping and administrative, community, health, recreational, educational and welfare facilities.
REHABILITATION
An undertaking, by means of extensive repair, reconstruction or renovation of an existing structure, with or without the introduction of new construction or the enlargement of existing structures, in any area that has been determined to be in need of rehabilitation or redevelopment, to eliminate substandard structural or housing conditions and arrest the deterioration of that area.
[1]
Editor's Note: The former definition of "project area," which immediately followed this definition, was repealed 1-29-2013 by Ord. No. 13-01.
A. 
There shall be seven Commissioners of the Ewing Redevelopment Agency. The Commissioners shall be appointed by the Township Council. Commissioners shall each serve for a term of five years, except that the first of these appointees shall be designated to serve for the following terms: one for a term of one year, one for a term of two years, two for terms of three years, one for a term of four years, and two for terms for five years. No more than two Commissioners shall be officers or employees of the municipality. Each Commissioner shall hold office for the term for the appointment and until a successor shall have been appointed and qualified. Any vacancy occurring in the office of Commissioner, from any cause, shall be filed in the same manner as the original appointment but for the unexpired term.
B. 
A certificate of the appointment or reappointment of each Commissioner shall be filed with the Township Clerk, and that certificate shall be conclusive evidence of the due and proper appointment of that Commissioner. A Commissioner shall receive no compensation but shall be entitled to reimbursement for actual expenses necessarily incurred in the discharge of the duties of the Commissioner, including travel expenses. The powers of the Agency shall be vested in the Commissioners thereof in office from time to time. Four Commissioners shall constitute a quorum for the purpose of conducting business and exercising powers and all other purposes. Action may be taken by the Agency upon the affirmative vote of the majority but not less than four of the Commissioners present.
[Amended 1-29-2013 by Ord. No. 13-01]
The Ewing Redevelopment Agency shall constitute a public body corporate and politic, exercising public and essential governmental functions, and shall have all the powers necessary or convenient to carry out and effectuate the purpose and provisions of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq.
At its organizational meeting, the Agency shall provide for regular meetings at a time and place within the Township. The resolution may provide that, when such a day falls upon a legal holiday, the meeting shall be held on the same hour on the next succeeding day that is not a legal holiday.
The Agency, at its annual organizational meeting, shall elect a Chair and Vice Chair from among the Commissioners, to serve for one-year terms each and until the election and qualification of their successors.
The Agency may employ an Executive Director who shall be its Secretary, a secretary, technical experts and such other officers and agents and employees, permanent and temporary, as it may require and is permitted by law, and shall determine their qualifications, duties and compensation. The Agency may call upon the Municipal Attorney or may employ its own counsel and staff for such legal services as it may require.
No Commissioner or employee of the Agency shall acquire any interest, direct or indirect, in a redevelopment project or in any property included or planned to be included in a project, nor shall there be any interest, direct or indirect, in any contract or proposed contract for materials and services to be furnished or used in connection with a project. If any Commissioner or employee of the Agency owns or controls an interest, direct or indirect, in any property included or planned to be included in a project, he or she shall immediately disclose the same, in writing, to the Agency, and the disclosure shall be entered upon the minutes of the Agency. Failure to disclose such an interest shall constitute misconduct in office. A Commissioner or employee required by this subsection to make a disclosure shall not participate in any action by the Agency affecting the property with respect to which disclosure is required.
[1]
Editor's Note: See also Ch. 26, Ethics, Code of.
A Commissioner of the Agency may be removed by the Council for inefficiency or neglect of duty or misconduct in office, provided that the Commissioner has been served with a copy of the charges at least 10 days prior to a hearing thereon and is afforded an opportunity to be heard at such hearing, in person or by counsel. In the event of the removal of any Commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the Municipal Clerk.
The Township shall make an estimate of the amount of money required by the Agency for the administrative and other purposes of the Agency as may be appropriate and advance such amounts to the Agency as it deems necessary. The Agency shall:
A. 
Annually submit to the Mayor and Council an estimate of all income and expenses for the Agency and/or redevelopment project, which shall include all its indebtedness, including payments necessary to meet interest and principal payments on bonds issued in accordance with law. Such estimate shall be subject to such charges as the Township may prescribe. No such estimate shall be effective unless it is approved by the Council, and no expenditures or disbursements for any redevelopment project shall be made by the Agency except in accordance with an estimate or any amendments or modifications thereof so approved by the Council.
B. 
File with the Township a detailed report of all of its transactions, including a statement of all revenues and expenditures, without exception, at monthly, quarterly or annual intervals as the Council may prescribe.